Del. Sam Rasoul

Virginia Center for Firearm Violence Interventionand Prevention; Virginia Firearm Violence Intervention and PreventionFund; creation. Establishes the Virginia Center for Firearm ViolenceIntervention and Prevention (the Center) within the Department ofCriminal Justice Services and transfers to the Center the administrationof the existing Virginia Gun Violence Intervention and PreventionFund.

Local rent stabilization authority. Provides that any locality may by ordinance adopt rent stabilization provisions. The bill provides that no such ordinance shall be adopted until the proposed ordinance has been posted on the locality's website and advertised in a newspaper of general circulation in the locality at least two weeks prior to a public hearing on such ordinance. All landlords who are under rent stabilization may be required to give up to a two-month written notice of a rent increase and cannot increase the rent by more than the locality's rent stabilization allowance, the maximum amount a landlord can increase a tenant's rent during any 12-month period, in effect at the time of the increase, and the bill requires the locality to annually publish this allowance on its website. The allowance is equal to the annual increase in the Consumer Price Index for the region in which the locality sits and is effective for a 12-month period beginning July 1. The bill provides that no such ordinance shall apply to the following: 1. Any unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation, and treatment of illnesses; 2. Any unit in a facility owned or leased by an organization exempt from federal income taxes pursuant to § 501(c)(3) of the Internal Revenue Code, the primary purpose of which is to provide temporary sanctuary or shelter for qualified clients, provided that the organization has notified the clients residing in the facility of the temporary nature of their housing at the inception of their residence; 3. Any owner-occupied group house; 4. Religious facilities, such as churches, synagogues, parsonages, rectories, convents, and parish homes; 5. Transient facilities, such as motels, tourist homes, and bed and breakfast facilities; 6. School dormitories; 7. Licensed assisted living facilities and nursing homes; or 8. Single-family residences. The bill states that such ordinance shall provide a procedure by which a landlord may apply for an exemption from the rent stabilization provisions in situations where the net operating income generated by the rental facility has not been maintained due to escalating operating expenses or for other appropriate reasons as established by the locality. The locality may establish a civil penalty for failure to comply with the requirements set out in the ordinance that shall not exceed $2,500 per separate violation.

Tax credit; automated external defibrillator.Creates a one-time, individual income tax credit of up to $1,200for the purchase of an automated external defibrillator that is placedin the taxpayer's vehicle. The credit may be claimed during taxableyears 2022 through 2026 and includes an aggregate annual cap of $500,000.

Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver. In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending. Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.

State plan for medical assistance services;violence interruption services. Directs the Board of MedicalAssistance Services to amend the state plan for medical assistanceservices to include a provision for the payment of medical assistancefor violence interruption services for an individual who receivesmedical treatment for an injury sustained as a result of communityor interpersonal violence and who is determined by a health careprovider to be at risk of retaliation related to such community orinterpersonal violence or future injury as a result of communityor interpersonal violence.

Health insurance; coverage for the diagnosisof and treatment for infertility and standard fertility preservationservices. Requires health insurance policies, subscription contracts,and health care plans to provide coverage for the diagnosis and treatment of infertility and for standard fertility preservation procedures,defined in the bill.

Constitutional amendment (second reference);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Repeals the constitutional provision defining marriageas only a union between one man and one woman as well as the relatedprovisions that are no longer valid as a result of the United StatesSupreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealthand its political subdivisions and agents to issue marriage licenses,recognize marriages, and treat all marriages equally under the law,regardless of the sex or gender of the parties to the marriage. Religiousorganizations and clergy acting in their religious capacity havethe right to refuse to perform any marriage.

Virginia Residential Landlord and Tenant Act;terms and conditions of rental agreement; automatic renewal; noticeof rent increase. Requires a landlord that owns more than fourrental dwelling units to, in the case of any rental agreement thatprovides for automatic renewal of such agreement, provide separatewritten notice to the tenant notifying the tenant of any increasein rent. The bill provides that such notice shall be provided tothe tenant no less than 30 days before the automatic renewal takeseffect.

Retail Small Business Grant Program and Fund.Establishes the Retail Small Business Grant Program and Fund to supportexisting Virginia small businesses, attract new businesses, increasethe Commonwealth's tax base, create new job opportunities for Virginiaresidents, and enhance commercial activity in Virginia. The billprovides that an eligible Virginia small business, defined in thebill, is eligible for grants of up to $50,000. The total amount ofgrants awarded in a fiscal year is capped at $10 million.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.